The IMM5707 and the Definition of Accompanying

Steven MeurrensInadmissibility

The IMM57-5 asks applicants to delcare whether any family members will accompany them to Canada. There has been confusion over what “accompany” means that two recent Federal Court of Canada decisions have addressed. In Adepoju v Canada (Citizenship and Immigration), 2022 FC 438, a husband and wife independently submitted study permit applications. In each application … Read More

Arguing Incompetence of Counsel in an Appeal

Meurrens LawJudicial Reviews

Many lawyers when they meet with clients often review rejected applications and/or appeals where it is obvious that the individual’s previous representative was incompetent. The examples of incompetence range from missed deadlines to ignorance of the law.  Some specific examples include: former counsel being told by an Immigration Appeal Division member to “sit down” because … Read More

Ministerial Relief Exemption Requests

Meurrens LawInadmissibility

Foreign nationals who are found to be inadmissible to Canada on the basis of security (including espionage, subversion, engaging in terrorism, or being a member of a group that engages in terrorism), certain human and international rights violations, or organised crime can still visit or immigrate to Canada despite being inadmissible for such serious reasons if they … Read More

The Best Interests of a Child

Meurrens LawHumanitarian and Compassionate

Yesterday, an individual called wanting to know if the fact that she was pregnant would guarantee a successful H&C application because of the duty to consider the “best interests of the child.” The father is Canadian.

The National Occupational Classification System

Meurrens LawImmigration Trends

Much of Canada’s immigration system is based on Human Resources and Skills Development Canada (“Service Canada’s“) National Occupational Classification (“NOC“) system.  Economic class applicants generally need to understand the NOC system because the success of their applications will depend on them demonstrating that they have qualifying experience or pre-arranged employment in certain NOCs.  Employers submitting Labour … Read More

Article 1E of the 1951 Refugee Convention

Meurrens LawRefugees

Article 1E of the 1951 Refugee Convention states: This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country. The leading case for interpreting … Read More

Work Permits Under The North American Free Trade Agreement / CUSMA

Meurrens LawWork Permits

(the following is largely paraphrased from the IRCC website) The North American Free Trade Agreement (“NAFTA“) is a free trade agreement between Canada, the United States and Mexico.  It facilities the temporary entry of individuals, including providing certain Americans and Mexicans with the ability to work in Canada without first requiring Labour Market Impact Assessments … Read More

The Global Talent Stream

Meurrens LawLabour Market Impact Assessments, Work Permits

On June 12, 2017 Canada’s Department of Employment and Social Development introduced the Global Talent Stream. Companies applying for workers through the Global Talent Stream have access to a streamlined Labour Market Impact Assessment process that provides eligible employers with: priority processing of applications for the Global Talent Stream and a client-focused service for the … Read More